Legal support for real estate transactions in Thailand
31 Июль 2026 · 8 min
Legal support for real estate transactions in Phuket is not a formality or an extra line in the budget. When you transfer $200,000 into a foreign legal system, the cost of a mistake is your entire invested capital. Buying property abroad without legal due diligence is a lottery where losing means not a reduction in returns, but the complete loss of the asset.
Vladimir Mironov, a Phuket real estate expert and founder of Harmony Ocean Property, helps you purchase a property from a verified developer without risks — from the first viewing to receiving the keys. This material breaks down the legal steps that protect a buyer’s money at every stage of the transaction.
Property verification before purchase: what we inspect before transferring money
Property verification before purchase is the foundation, without which you cannot move on to the money. How to verify property before buying in Phuket? Full due diligence includes verification of the title, the developer’s title documents, license, environmental assessment, and the foreign quota.
What is included in the verification:
- Title (Chanot) — confirms ownership, land type, and plot boundaries.
- Developer’s license — valid, without suspensions or sanctions.
- EIA (Environmental Impact Assessment) — the project’s environmental assessment; without it, construction is illegal.
- Encumbrances — mortgages, legal disputes, seizures, third parties with rights to the property.
- Foreign quota — does not exceed 49% of the condominium’s total area.
- Transfer history — how many units have already been transferred to buyers, whether construction is on schedule.
An independent lawyer reviews the purchase agreement for 15–40 thousand THB. This is not an item where you should cut costs. In 2024, three developers in Phuket halted operations. One of them collected over 800 million THB and did not complete construction. Another — New Nordic — left more than 100 Russians without apartments and without money. These cases are not rare — they are the reality of a market where the documents for property purchase and their verification separate an investment from a loss.
At Harmony Ocean Property, a primary selection of developers and properties is conducted before they are presented to the buyer. The expert center for purchasing real estate from developers is not a catalog of the entire market, but a filter: only what has passed the verification goes through it.
Real Estate in Thailand
Freehold and leasehold in Phuket: two ownership structures and different risks
Freehold in Phuket and leasehold in Thailand are two fundamentally different forms of ownership, and their risks do not match.
Freehold (condominium): a foreigner owns the apartment as a property right. The foreign quota in Phuket is 49% of the building’s total area. To register freehold, a FET (Foreign Exchange Transaction Form) certificate is required — confirmation that the funds came from abroad in foreign currency. Without FET, ownership will not be registered.
Leasehold (villa or land): a long-term lease for 30 years. Renewal of 30+30 years is only an intention of the parties. There is no law guaranteeing renewal. Not everyone tells the buyer about this, and after 30 years the issue will have to be resolved anew — without guarantees.
A villa through a Thai company is another route, but a risky one. The Foreign Business Act restricts foreign participation, and checks have been strengthened in 2024–2025. A structure that worked ten years ago may today become grounds for claims.
What is required for each structure:
- Freehold: FET, foreign quota confirmed, Chanot for the condominium.
- Leasehold: registration at the Land Department, renewal terms specified, sublease rights.
- Company: structuring in accordance with the FBA, risk assessment of re-registration.
How to properly arrange a property purchase in Phuket means choosing an ownership structure that matches the buyer’s goals, not the one that is more profitable to sell.
Vladimir Mironov selects a property with a guaranteed foreign quota and an honest ownership structure. A Phuket real estate agency that does not sell empty promises is not a slogan, but a selection principle.
Agreement for property purchase: what documents are needed and what to look for in them
Agreement for property purchase — a document that protects the buyer if something goes wrong. What documents are needed for buying property in Phuket:
- Buyer’s passport
- Booking Form
- Sale and Purchase Agreement
- FET (for freehold)
- Confirmation of fund transfer
- Document confirming payment of taxes and fees
What to check in the contract:
- Payment schedule — is it tied to construction milestones, not to the developer’s calendar dates
- Payment schedule — is it tied to construction milestones, not to the developer’s calendar dates
- Developer’s penalties for delayed completion — percentage, cap, procedure for collection
- Termination conditions — in which cases are they possible, what is refunded, and within what timeframe
- Escrow conditions — does the money go directly to the developer or to an escrow account
- Who pays the transfer fee — the buyer, the seller, or split between both
This is not a formality. About 12% of projects from 2023–2025 delayed completion by 6–18 months. The clause on the developer’s penalties for delay is the only tool that forces the developer to pay for the delay. Without it, the buyer waits for completion and incurs losses.
Registration of property ownership in Thailand
Registration of property ownership in Thailand takes place at the Land Department. After registration, the buyer receives: the sale and purchase agreement with official stamps, the original Chanot, and the house book (Blue Book).
Harmony Ocean Property accompanies the transaction at the Land Department — from submitting documents to receiving the Chanot. A real estate consulting company in Thailand with full control over the registration process is not just about selection, but about being present at every stage.
Taxes upon purchase and sale: what the buyer pays in Phuket
Tax on property purchase and tax on income from property sale are two different groups of payments, and it is important to understand them before the transaction, not after.
Upon purchase:
- Transfer fee — 2% of the appraised value by the Land Department (not of the contract price). For leasehold — 1%. In practice in Phuket, developers often pass the full amount on to the buyer.
- Stamp duty — 0.5% of the appraised value.
- Utility deposits — paid upon transfer of the property.
Upon sale:
- Special Business Tax (SBT) — 3.3% if the property has been owned for less than 5 years. Usually paid by the seller, but it is important for the buyer to know this in order to understand the seller’s motivation during negotiations.
- Income tax on sale — depends on the period of ownership and status (individual or company).
The key point: the exact rates and exemptions depend on the appraised value determined by the Land Department, not on the contract price. This means that taxes may be calculated on an amount higher or lower than the actual purchase price.
What the lawyer calculates:
- distribution of taxes between the parties under the contract;
- appraised value vs. contract price — the difference can be significant;
- tax implications upon future sale.
Vladimir Mironov — a specialist in real estate transaction support in Thailand — calculates all payments in advance. Real math, not brochure numbers: this is the only way to make a decision with your eyes open.
Russian legislation: law on foreign real estate in 2026
The law on foreign real estate is a topic that raises the most questions among Russian buyers. Let’s break down what actually applies as of July 26, 2026.
Transfers from Russia to Thailand are legal.
Since December 8, 2025, the Central Bank of the Russian Federation has removed the monthly limit of $1 million on transfers abroad. However, since the end of 2025, banks have strengthened KYC/AML checks for transfers over $200,000: they request the purpose of payment, confirmation of the source of funds. This is not a prohibition, but an additional layer of compliance that one needs to be prepared for.
The bill on foreign real estate.
At the time of writing, no specific law banning foreign real estate for Russian citizens has been adopted. Buying property abroad remains legal.
What actually applies:
Declaration of foreign real estate — Russian tax residents are required to declare property abroad.
Personal income tax on income from the sale of foreign real estate — for tax residents of the Russian Federation, income from the sale of property abroad is subject to personal income tax.
Is spousal consent required for purchasing property?
Under Russian law — spousal consent for the purchase of real estate is required. Article 35 of the Family Code of the Russian Federation requires notarized spousal consent for real estate transactions subject to notarization or state registration. In Thailand, the Thai side may not require consent, but for Russian legal security it is mandatory: without notarized consent, the transaction can be challenged in a Russian court.
The investment company Harmony Ocean Property guides the buyer through both legal frameworks — Thai and Russian. An expert center for purchasing real estate from developers that covers risks on both sides, not only on the island.
Conclusion
Buying real estate in Thailand is realistic and safe if legal support covers every step: from title verification to registration at the Land Department. The earlier legal verification begins, the lower the cost of a possible mistake.
Harmony Ocean Property and Vladimir Mironov will help you go from idea to keys — with full legal control and without risks.
Request a consultation on buying property in Thailand from Vladimir Mironov, owner of Harmony Ocean Property. Get a step-by-step purchase plan — from property verification to registration of ownership in Phuket.